ACCEPTED
05-15-01377-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
12/8/2015 4:48:19 PM
LISA MATZ
CLERK
No. 05-15-01377-CV
In the Court of Appeals for the Fifth Judicial DistrictFILED IN
5th COURT OF APPEALS
Dallas, Texas DALLAS, TEXAS
12/8/2015 4:48:19 PM
VRIDE, INC., F/K/A VPSI, INC., LISA MATZ
Clerk
Appellant,
v.
FORD MOTOR COMPANY,
Appellee.
On Appeal from the 116th District Court,
Dallas County, Texas, Cause No. DC-14-11247,
the Hon. Tonya Parker, presiding
UNOPPOSED MOTION TO EXTEND TIME
TO FILE BRIEF OF APPELLANT
TO THE HONORABLE JUSTICES OF THE FIFTH COURT OF APPEALS:
Comes now, Appellant vRide, Inc., f/k/a VPSI, Inc. (“Appellant”) and files
this Unopposed Motion to Extend Time to File Brief of Appellant. In support of
this Motion, Appellant shows the Court the following:
I.
DUE DATE
Appellant’s Brief is currently due January 4, 2016. No previous extension
has been sought by Appellant regarding its Brief. Appellant seeks an additional
thirty (30) days until February 3, 2016 to file its Appellant’s Brief.
Unopposed Motion to Extend Time to File Brief of Appellant Page 1
II.
REASONS FOR EXTENSION OF TIME
Appellant’s counsel has been involved in other matters and matters with
deadlines that are quickly approaching. In particular:
1. David Keltner assisted in the preparation and filing of a petition
for permission to appeal in the Second Court of Appeals; The
Carmichael Family Trust v. Krone Medical Properties, LP, et al.,
filed on December 8, 2015;
2. Mr. Keltner is preparing for and attending a hearing in Cause
No. 2060; Mayo Foundation for Medical Education and Research, et
al. v. Courson Oil & Gas, Inc., et al., in the 31st District Court,
Roberts County, Texas on December 9, 2015;
3. Mr. Keltner is also preparing for and attending a hearing in
Cause No. 153-272310-14; Jennifer Pedroza v. Amanda Hayward, et
al., in the 153rd District Court, Tarrant County, Texas on December
10, 2015;
4. Mr. Keltner is attending a mediation in Cause No. 348-259418-
12; Pamela Hicks, et al. v. Gary Salinski, et al., in the 348th District
Court, Tarrant County, Texas on December 11, 2015;
5. Mr. Keltner is preparing for and attending an oral argument in
No. 14-10-00708-CV; Port of Houston Authority of Harris County v.
Zachry Construction Corp., in the Fourteenth Court of Appeals,
Houston, Texas on December 14, 2015;
6. Mr. Keltner is preparing for and attending a hearing in Cause
No. 048-276595-15; BNSF Railway Company v. Standard Steel, LLC,
in the 48th District Court, Tarrant County, Texas on December 16,
2015; and
7. Mr. Keltner will be out of the office during the holidays
beginning December 21, 2015 and returning on January 4, 2016.
Unopposed Motion to Extend Time to File Brief of Appellant Page 2
III.
EXTENSION SOUGHT IN THE INTEREST OF JUSTICE
The extension sought is not for the purpose of delay, but rather, is sought in
the interest of justice and to allow Appellant to fully brief issues to the Court.
IV.
APPELLEE AGREES TO THIS REQUEST
Counsel for Appellee Ford Motor Company, Mike Eady, does not oppose
this motion for extension of time.
V.
PRAYER FOR EXTENSION
Therefore, Appellant requests an extension of time of thirty (30) days, until
February 3, 2016, to file its Brief of Appellant. Appellant does not seek this
extension for the purposes of delay. Instead, Appellant seeks this relief to be able
to fully brief the issues.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that the Court
grant an extension of time to file its Brief of Appellant until February 3, 2016.
Unopposed Motion to Extend Time to File Brief of Appellant Page 3
Respectfully submitted,
/s/ David Keltner
David E. Keltner
State Bar No. 11249500
david.keltner@kellyhart.com
April Farris
State Bar No. 24069702
april.farris@kellyhart.com
KELLY HART & HALLMAN LLP
201 Main Street, Suite 2500
Fort Worth, Texas 76102
817.332.2500—Telephone
817.878.9280—Telecopier
Chris C. Pappas
State Bar No. 15454300
cpappas@krcl.com
Andrew J. Sarne
State Bar No. 00797380
asarne@krcl.com
Logan R. Burke
State Bar No. 24073978
lburke@krcl.com
KANE RUSSELL COLEMAN & LOGAN, PC
5051 Westheimer, 10th Floor
Houston, Texas 77056
713.425.7400—Telephone
713.425.7700—Telecopier
Counsel for vRide Inc., f/k/a VPSI, Inc.
Unopposed Motion to Extend Time to File Brief of Appellant Page 4
CERTIFICATE OF CONFERENCE
On December 7, 2015, I contacted counsel for Appellee Ford Motor
Company, Mike Eady, and Appellee is not opposed to this Motion.
/s/ David Keltner
David E. Keltner
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above
and foregoing document has been served upon counsel via electronic filing on
December 8, 2015:
Michael W. Eady E. Todd Tracy
meady@thompsoncoe.com ttracy@vehiclesafetyfirm.com
Ronald D. Wamsted Stewart D. Matthews
rwamsted@thompsoncoe.com smatthews@vehiclesafetyfirm.com
THOMPSON, COE, COUSINS Andrew G. Counts
& IRONS LLP acounts@vehiclesafetyfirm.com
701 Brazos, Suite 1500 THE TRACY FIRM
Austin, Texas 78701 5473 Blair Road, Suite 200
Counsel for Appellee Dallas, Texas 75231
Counsel for Appellee
/s/ David Keltner
David E. Keltner
Unopposed Motion to Extend Time to File Brief of Appellant Page 5